Reyes Discusses Employment Policies and Cannabis with The Business Journals

11.23.2022

Stinson LLP attorney Greta Bauer Reyes provided insight to The Business Journals into how employment policies are changing as the legalization landscape of recreational marijuana evolves. In "Four questions employers need to ask themselves about their marijuana and drug testing policies," Reyes discusses how internal company policies are shifting.

"Some employers have begun relaxing their drug-testing policies to account for the current reality that a positive cannabis test may not be indicative of illegal drug use or other employment-disqualifying actions," Reyes said.

She provides best practices for employers who have a footprint in states where marijuana is both legal and illegal, detailing how a "one-size-fits-all approach won't work when employers operate in different jurisdictions." She also highlights specific laws containing built-in protections for medical marijuana use. "Employers must be conscious of these built-in protections in each jurisdiction in which they operate so that they do not inadvertently violate the law when applying their policies and procedures on employee drug testing," she said.

With the combination of the current labor climate and recent legalization efforts, Reyes states that employers have "an objectively reasonable basis for determining that an employee or applicant's use of cannabis does not necessarily indicate whether they will be a successful employee."

Reyes partners with clients to promote workplaces where employers and their employees contribute to a productive and positive work environment. In addition to advising her clients on day-to-day labor, employment and employee benefits matters, Reyes is an experienced litigator and can step seamlessly from counselor to defense attorney to meet the needs of her clients.

Sign in to The Business Journals to read more.